Legal and Privacy Statement
Last Updated: May 15, 2018
Reminders
Your trust is very important to us. We understand the importance of user information security. We will take security protection-related measures in accordance with laws and regulations to protect your information. In view of this, Tuya (or “we” for short) has formulated this Legal Statement and Privacy Policy (hereinafter also referred to as “Statement and Policy”) and reminds you that: Before you enjoy the services of Tuya, please be sure to read carefully and understand this Statement and Policy, and only use the products and services after full understanding and agreement have been confirmed. Once you start using the Tuya services, it will be deemed as your acceptance and recognition for this Statement and Policy.
If you have any question, comment or suggestion about this Statement and Policy, you may contact us through Tuya Troubleshooting or the customer service phone (0086-400-881-8611).
Definitions
Tuya Website: It means the official website of Tuya (www.tuya.com, iot.tuya.com, global.tuya.com and other related domain names) and the Tuya client (e.g. app).
uya: Unless otherwise agreed, it refers to Hangzhou Tuya Information Technology Co., Ltd., Hangzhou Tuya Technology Co., Ltd., and/or other related companies, being the operator of www.tuya.com, iot.tuya.com, global.tuya.com and other related domain names and the Tuya client.
User Information: It means the information like your name, contact details, etc. submitted by you or collected by us when you register an account from the Tuya website and use the services of Tuya or when we provide the services for you, with the details shown in Article III of Privacy Policy.
Business Data: Different from user information, business data refer to the data uploaded/downloaded, distributed, or processed by Tuya users by using the technical services of Tuya.
Legal Statement
I. Ownership of Rights
1.1. The logo, "涂鸦", "涂鸦智能", "tuya", "Tuya", "Tuya Smart", and other texts, graphics of these kinds and their combinations on the Tuya website, as well as other identification, symbols, names of Tuya services, etc. of the Tuya website all constitute the registered trademarks of Tuya and its Affiliate in China and other countries. Without the written authorization of Tuya, no one may display, use, or otherwise process (including but not limited to copy, transmit, display, mirror, upload, and download) such contents in any way, nor may anyone indicate that he/she has the right to make such display, use, or processing.
1.2. The intellectual property rights of all products, services, technologies, and programs (hereinafter also referred to as “technical services”) of the Tuya website are owned by Tuya or by the right holders.
1.3. Unless otherwise stated, Tuya has all rights (including without limitation copyrights, and trademark, patent, trade secret rights, and all other related rights) to publish documents and other information (namely but not exclusively text, graphics, pictures, photos, audio, video, icons, colors, layouts, and electronic documents) on the website. Without the permission from Tuya, no one is permitted to use the said contents (including but not limited to monitor, copy, broadcast, display, mirror, upload, and download any content on the Tuya website through a program or device). Where any authorization is given to browse, copy, print, and distribute any information on the Tuya website, such information must not be used for commercial purposes and the use of all such information and any part thereof must be accompanied with this right statement.
II. Limitation on Liability
2.1. Tuya users upload, provide, and publish information (including without limitation user names, company names, contacts and contact information, and related pictures, information, product information, etc.) on the Tuya website by themselves, and must assume full responsibilities according to laws for any information they provide.
2.2. Reprinted works (including forum contents) on Tuya websites do not mean that Tuya agrees with their opinions or confirms the authenticity of their contents, but only for the purpose of conveying more information.
2.3. Tuya hereby suggests that during the use of Tuya services, you shall abide by the laws of the People's Republic of China and shall not endanger the security of the Internet. You must not use Tuya services to engage in activities that infringe another person's reputation, privacy, intellectual property rights, and other legitimate rights and interests. Notwithstanding the above suggestion, Tuya does not take any responsibility for your use of and purpose of using Tuya services.
III. Protection of Intellectual Property Rights
Tuya respects intellectual property rights and opposes any act of infringement and pirating. If any organization or individual thinks that any content on the Tuya website (including any content on www.tuya.com and client pages)(for example, reprinted articles, service information published in the service market, product information released in the product library, etc.) may infringe any of his/her legitimate rights and benefits, he/she may send a written right notice to Tuya at service@tuya.com, and Tuya will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.
Privacy Policy
Tuya (hereinafter also referred to as "we") respects and protects user information, and will treat such information with a high degree of diligence and prudence. When you use the services provided via the Tuya website, we will collect, process and disclose your information in accordance with this Privacy Policy. We hope that this Privacy Policy will clearly let you know how we handle your information, so we recommend that you read this Privacy Policy in its entirety to help you understand how to protect your privacy.
If you have any question, comment or suggestion, please contact us through the contact information provided by Tuya.
This Policy will help you understand the following:
I. Scope of Application
II. Collection and Use of User Information
III. Sharing, Transfer, or Public Disclosure of User Information
IV. User Business Data and Public Information
V. Management of User Information
VI. Cookies and Other Technologies
VII. Privacy Policy Update
VIII. How to Contact Us
I. Scope of Application
1.1. This Privacy Policy applies to all services provided via the Tuya website. The services include the page browsing and website login services, and the technical services provided to you via the Tuya website.
1.2. This Privacy Policy does not apply to services provided by other third parties. For example, when a service provider in the Tuya service market provides you with services via the Tuya platform, the information you provide to the service provider is not covered by this Privacy Policy.
1.3. It is important to mention that, as a user of Tuya, if you use technical services of Tuya to provide services for your users, you shall otherwise formulate a privacy policy for your users since your business data belongs to yourself, and assume all the legal liabilities for data leakage due to your own mistakes.
II. Collection and Use of User Information
2.1. Helping You Become Our Member
2.1.1. When you create an account on the Tuya website, you must provide us with a member name, set up and confirm your login password, and provide your mobile phone number or email address (in the territory of the People's Republic of China). The mobile phone number or email address you submitted is used to register, log in, and bind the account, and receive a security code during retrieval of password, and also be used as one of the contact methods specified by you with Tuya to receive relevant business notifications (such as new arrivals and service changes).
2.1.2. After you sign up for the Tuya account, you may go ahead to fill in the "Basic Information" with your information including (1) type of membership (individual or enterprise), organization name (if you have completed the real name authentication, it will be subject to your real name authentication information), business duration, enterprise scale, industry, main business, major products, and domain name of website, (2) contact information (country, region, street, contact number, email address, etc.). Failure to provide such information by you will not affect your use of a specific technical service. The information you provided as mentioned in item (1) of 2.1.2 will help us understand more about your needs for Tuya services, so that we could promote and introduce targeted products to you; the information in item (2) may be used by Tuya to publicize and promote products, post business notifications (including bills), or communicate with you.
2.1.3. After you have registered your Tuya account, you need to submit the contact information at the management & control center, including the email address, mobile number, and title of the contact you specified. Tuya will use such information to promote and introduce products, send business notifications (including bills), or communicate with you.
2.1.4. If you only hope to use basic services such as browsing information, you do not need to register to become our member and provide the above information.
2.2. Providing Technical Services for You
The information you provide to us includes:
2.2.1. In accordance with the laws of the People's Republic of China, when you use specific technical services, you shall make your real identity information available through your account. A variety of ways are available for you to provide your real identity information via Tuya account, you should choose an appropriate way according to your identity type.
2.2.2.Before the services are provided, according to the laws of the People's Republic of China, Tuya will show you which information you need to submit through the Tuya website (subject to the presentation of website pages); if you do not use certain services, you do not need to provide relevant information then.
Information We Collect During Your Use of Services:
2.2.3. Device information: We will receive and record the information related to the device you use (e.g., device model, operating system version, device settings, unique device identifier, and other software & hardware characteristic information) based on the specific permissions you granted during the software installation and use, and the information about the location of your device (e.g., IP address, GPS location, and Wi-Fi access point, Bluetooth, and base station sensor information that could provide relevant information). We may associate the said two types of information, so that we could provide you with consistent services on different devices.
2.2.4. Log information: When you use the services provided via our website or client, we will automatically collect, as the network log to save, the information in relation to your detailed usage of our services, for example, your search and query content, IP address, browser type, telecom operator, language used, access date and time, and records of webpages you browse.
2.2.5. Please note that separate device, log, and other information constitute the information that cannot figure out the identity of a specific natural person. If we use such non-personal information in combination with other information to identify a specific natural person or use it in combination with personal information, such non-personal information will be regarded as personal information during the combined use; except for with your authorization or unless otherwise provided by laws and regulations, we will make such personal information anonymous and de-identified.
2.2.6. User account support information: It refers to the records of your consultation and request for troubleshooting from your use of Tuya services as well as the targeted troubleshooting process (e.g., communications, call records, online communication, requests for troubleshooting, etc.). Tuya will record and analyze such information, so as to respond more promptly to your requests and to improve services.
2.3. We use the user information submitted by you and collected by us for the following purposes:
2.3.1. Providing you with services (for example, the mobile phone number used to receive security codes, enterprise information, contact information, real-name authentication information, etc., are prerequisites for continued access to services);
2.3.2. Maintaining and improving services (for example, the submitted mobile phone number, email address, and other information of your business contact are used to receive business notifications and conduct business communication);
2.3.3. Promoting and introducing products and services to you under laws and regulations;
2.3.4. Enhancing the security of your use of services provided by us and our Affiliate and partners, so as to protect the personal and property safety of you, other users, or the public from infringement, prevent phishing websites, fraud, network vulnerabilities, computers viruses, cyber-attacks, network intrusion, and other security risks in a better manner, and more accurately identify violations of laws and regulations or related agreements and rules of Tuya. We may use your member information, and integrate the device information, related web logs, and the information shared by our Affiliate and partners, to identify the risks of your account and transactions, conduct the authentication and the detection and prevention of security incidents, and take necessary measures in relation to recording, audit, analysis, and handling in accordance with the laws;
2.3.5. Other uses that you have authorized.
三、 Sharing, Transfer, or Public Disclosure of User Information
3.1. Sharing
We will not share the user information with other organizations and individuals except in the following cases:
3.1.1. With explicit consent: After obtaining your explicit consent, we will share your information with other parties;
3.1.2. Under statutory circumstances: We may share your information externally in accordance with provisions of laws and regulations, needs of lawsuits and arbitration, or requirements of administrative or judicial authorities according to law;
3.1.3. In order to facilitate a transaction or assist in the resolution of a dispute: In some cases, only the sharing of your information can facilitate the transaction or help handle your dispute with others. For example, information of one party, such as contact information, that Tuya considers necessary to provide to the other party, which proposes an information disclosure request and has fulfilled or partially fulfilled obligations of a transaction created in the Tuya service market, to facilitate transaction conclusion;
3.1.4. Sharing with authorized partners: We may appoint trusted partners to provide services, so we may share some of your information with such partners to provide better customer services and optimize the user experience. We will only share your information for legitimate, rightful, necessary, specific, and explicit purposes, and will only share the user information necessary for provision of services. Our partners do not have the right to use the shared user information for any other purpose.
At present, our authorized partners include: suppliers, service providers, and other partners. We send information to suppliers, service providers, and other partners who support our business. Such support includes the provision of basic technical services and professional services such as consultation and analysis.
For companies, organizations and individuals with whom we share the user information, we will sign strict confidentiality agreements and information protection agreements with them, requiring them to deal with the user information in accordance with our instructions, this Privacy Policy, and any other related confidentiality and/or security measure(s).
3.2. Transfer
We will not transfer the user information to any company, organization, or individual except in the following cases:
3.2.1. With explicit consent: After obtaining your explicit consent, we will transfer your information to other parties;
3.2.2. When there is merger or acquisition in relation to any other legal entity or bankruptcy liquidation of Tuya, or any other situation involving merger, acquisition, or bankruptcy liquidation, if it involves the transfer of user information, we will require the new holder (any company or organization) of your information to be bound in the same way by this Policy, otherwise we will ask such company, organization, or individual to re-acquire your authorization or consent.
3.3. Public Disclosure
We will only publicly disclose the user information under the following circumstances:
3.3.1. With your explicit consent or based on your active choices, we may disclose your information publicly;
3.3.2. In order to protect the personal and property safety of the public or the users of Tuya and its Affiliate from being infringed, we may disclose your information in line with applicable laws or relevant agreements or rules shown on the Tuya platform. For example, if you, as a service provider in the service market, sell counterfeit or pirated goods, we may publicly disclose your shop information and the penalties.
3.4. Exceptions to Prior Authorization & Consent in Sharing, Transfer, or Public Disclosure of User Information
Under the following circumstances, no prior authorization & consent from you is required for sharing, transfer, or public disclosure of the user information:
3.4.1. Related to national security and/or national defense security;
3.4.2. Concerning public security, public health, and/or major public interests;
3.4.3. In relation to criminal investigation, prosecution, trial, and/or execution of judgments;
3.4.4. For the purpose of safeguarding the significant legal life and property rights of you or any other individual, but difficult to obtain your consent.
3.4.5. In regard to the personal information publicized by you;
3.4.6. In connection with the personal information gathered from legally publicized information such as legitimate news reports, government information disclosure, etc.
IV. User Business Data and Public Information
Unlike the user information, Tuya will handle user business data and public information as follows:
4.1. User Business Data
4.1.1. The data you processed, stored, uploaded, downloaded, distributed, and otherwise handled through Tuya services are your business data. You own such data completely. As a cloud service provider, Tuya will strictly execute your instructions to process your business data; except as agreed with you or as required by laws and regulations, Tuya will not make any unauthorized use or disclosure of your business data.
4.1.2. You are responsible for the sources and contents of your business data. Tuya suggests you to be cautious on the legality of such sources and contents. You are solely responsible for all results and responsibilities arising from the violation of laws, regulations, departmental rules, or national policies on the contents of your business data.
4.1.3. According to your agreement with us, Tuya stores the user business data at the data center selected by you. Tuya scrupulously observes the security promises to users, and protects the user data stored at the Tuya data center according to the applicable laws.
4.2. Public Information
4.2.1. Public information refers to any information that you share publicly, and anyone could view or access such information no matter whether he/she is using Tuya website services or not.
4.2.2. To use Tuya website services, there may be information that you must publicize. For example, your credit rating information (rate and customer reviews) needs to be publicized for the service market to build an honest transaction environment. If you are a service provider (seller), you should openly share the relevant information of corporate or natural person operator in the light of applicable laws and regulations and the Tuya service market rules.
4.2.3. During a transaction with the help of the service market of Tuya website, you may inevitably disclose your personal information, such as phone number or postal address, to a peer party or potential peer party. In this case, please properly protect your personal information and do not disclose it to others unless necessary. You may also establish contacts and share with each other through our services. When you create a communication, transaction or sharing through our services, you may choose by yourself the objects for the communication, transaction, or sharing, and such objects thus will be the third parties who are able to view your contact information and the contents of communication or sharing. If you find that your personal information, especially your account and/or password, has been let out, please contact customer service personnel of Tuya immediately. We will take appropriate measures to handle it.
V. Management of User Information
5.1. You can log in to the Tuya website or the client's "console" to query, manage (change, delete) the basic business information (basic data) and contact information submitted when using the Tuya service.
5.2. In the following situations, you can ask us to delete user information:
5.2.1. If our handling of user information is in violation of laws and regulations;
5.2.2. If we collect and use your user information without your explicit consent;
5.2.3. If our handling of personal information is a serious violation of agreement with you.
For security, you may need to provide a written request or otherwise prove your identity. We may ask you to verify your identity before processing your request.
VI. Cookies and Other Technologies
6.1. To ensure the normal operation of the site, get a more relaxed access experience for you and recommend content that may be of interest to you, we will store small data files called cookies on your computer or mobile device. Cookies often contain identifiers, site names, and some numbers and characters. Tuya can only read the cookies provided by Tuya.
6.2. With cookies, we can store data such as your preferences or purchase list items. The next time you visit again, we will show you the information you need; or identify your source website through cookies by Tuya, so that we can track the effects of advertisement.
6.3. You can manage cookies based on your preferences, and you can also clear all cookies saved on your computer. Most web browsers have the ability to block cookies. However, if you do this, you will need to change your user settings every time you visit our website. For more information on how to change your browser settings, visit the relevant settings page for your browser.
6.4. In addition to cookies, we also use other technologies such as web beacons and pixel tags on our website. For example, the email we send to you may contain an address link to the content of our website. If you click on the link, we will track the click to help us understand your product or service preferences so that we can be proactive to improve our customer service experience. Web beacons are usually transparent images embedded in websites or emails. With the pixel tag in the email, we can tell whether the email was opened. If you do not want your activity to be tracked this way, you can unsubscribe from our mailing list at any time.
VII. Security of User Information
7.1. Tuya values your information security very seriously. We endeavor to protect your user information by taking all reasonable physical, electronic, and administrative security measures. To prevent unauthorized access, public disclosure, use, modification, corruption, or loss of user information. We will use encryption technology to improve the security of user information; We will use trusted protection mechanisms to prevent user information from being maliciously attacked; We will deploy access control mechanisms to make every effort to ensure that only authorized personnel can access user information; And we will host Safety and privacy protection training courses to enhance employee awareness of the importance of protecting user information.
7.2. We will take reasonable and feasible measures and try our best to avoid collecting unrelated user information. We will only retain your user information for the period required to achieve the purpose described in this policy, unless we need to extend the retention period or be allowed by law. We will delete or anonymize your personal information beyond the above-mentioned user information retention period.
7.3. Please use a complicated password to help us secure your account. We will do our best to protect the security of any information you send us. If our physical, technical or management protective facilities are destroyed, resulting in unauthorized access to information, public disclosure, alteration or destruction, resulting in damage to your legitimate rights and interests, we will assume corresponding legal responsibility.
7.4. After the unfortunate event of a user information security incident (leakage, loss, etc.), we will promptly inform you in accordance with the requirements of laws and regulations: the basic situation and possible impact of the security incident, the disposal measures we have taken or will take, advice for self-prevention and risk reduction, and remedial measures for you, etc. We will promptly inform you of the incident-related situation by mail, letter, telephone, push notification, etc. When it is difficult to inform the user of the information subject one by one, we will adopt a reasonable and effective method to issue the announcement.
7.5. At the same time, we will also report the disposal of user information security incidents in accordance with the requirements of the regulatory authorities.
7.6. We will store your user information in the People's Republic of China. If we need to transfer personal information to a third party outside the country due to business requirements, we will obtain your consent in advance and inform you of the user's information, departure purposes, recipients, security measures, security risks, etc. However, we have the right to synchronize your user information among the related websites of Tuya.
7.7. In the event that Tuya products and services cease to operate, we will take reasonable measures to protect the security of your user information, including the timely stop of activities that continue to collect user information; notifications of ceased operations will be notified to users in the form of one-by-one delivery or announcement; The personal information held will be deleted or anonymized.
7.8. We will inform you once again and obtain your express consent before using the user information beyond the stated purpose of collecting user information or beyond the scope of a direct or reasonable association.
VIII. Privacy Policy Update
8.1. Our Privacy Policy may be revised.
8.2. We will not restrict your rights under this Privacy Policy without your explicit consent. We will post any revisions to the Privacy Policy on a dedicated page.
8.3. For major revisions, we will also provide more noticeable notices (including for certain services, we will notify the public through the website to explain the specific changes in the Privacy Policy).
8.4. Major revisions to this policy include, but are not limited to:
8.4.1. There have been major changes in our service model. For example, the purpose of processing user information, the type of user information handled, the use of user information, etc.;
8.4.2. We have undergone major changes in control and organizational structure. For example, business adjustment, bankruptcy mergers and other changes caused by the owner, etc.;
8.4.3. Changes in the main objects of user information sharing, transfer or public disclosure;
8.4.4. There have been major changes in your rights to participate in the processing of user information and in the way it is used;
8.4.5. When we are responsible for handling the user information security responsibility department, contact information and complaints channel changes;
8.4.6. The user information security impact assessment report indicates that there is a high risk.
8.5. We recommend that you regularly check this page for the latest information on our privacy practices. Your continued use of the products and services on websites, mobile phones and/or any other device will be deemed as being subject to the updated Privacy Policy.
IX. How to Contact Us
You have any questions and comments about this statement and policy content, or you have any questions or comments about the practice and operation of Tuya on this Privacy Policy, you can contact us through request, or customer service telephone (0086-400-881- 8611).